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(영문) 광주지방법원 2014.12.11 2014가합50748
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 467,50,000 and the interest rate thereon from October 31, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On December 2, 2008, upon entering into a joint agreement with the D Company, the E Company Representative F (the actual E Company’s operation was conducted by G, F’s spouse), H, and I entered into a joint agreement with the D Company to jointly operate mining development projects with respect to the mining rights and ownership of the mine located in thecheon-si, J, etc. (hereinafter “D Company”), and the D Company’s shares are divided by F by 50%, and H and I by 50%.

B. On February 25, 2009, H drafted a written confirmation of waiver of a joint agreement with the effect that “H concludes a joint agreement with him and operates the D Company development project by inserting KRW 273,00,000,00,000, but it did not invest additional funds and brought about obstacles to the project, thereby transferring the H equity to K, and K invests KRW 150,000,000.”

C. (1) on March 24, 2009, K and the Plaintiff, subject to the Plaintiff’s investment on March 24, 2009, transferred the shares of the D Company owned by K to the Plaintiff, and “Written Agreement of March 24, 2009” refers to the following:

2) The Plaintiff’s gross income on June 25, 2009 shall be distributed to the Plaintiff by the date of return, 15% of the gross income of the D company’s D company’s total income on May 25, 2009 (excluding the Plaintiff’s share of production costs) shall be distributed to the Plaintiff on May 25, 2009, as the Plaintiff owns 30% of the D company’s share of 10% of the D company’s share of 10% of the D company’s share of 10% (30% to 25%) is not 3% or 2.5% of the D company’s total share of 10%.

3. The Plaintiff’s refund of KRW 100 million invested to K shall be terminated on June 25, 2012, which was three years after the following day.

Provided, That if the date of return is late, it shall be the date of return.

6. K. K. The plaintiff.

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